The Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022

• (5) Where the adjudicator gives a direction under sub-paragraph (4)(a), Parts 1 to 3 of this Schedule (except paragraphs 2 and 3) apply as if an appeal had been duly made by the relevant person.

SCHEDULE 2 — Consequential amendments

Amendment of article 8A of the High Court and County Courts Jurisdiction Order 1991

1

• (1) Article 8A of the High Court and County Courts Jurisdiction Order 1991[^f00014] is amended in accordance with this paragraph.

• (2) In paragraph (1)(c)(ii), for “Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007” substitute “Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022”.

Amendment of Article 7 of the Traffic Management Act 2004 (Commencement No. 5 and Transitional Provisions) (England) Order 2007

2

• (1) Article 7 of the Traffic Management Act 2004 (Commencement No. 5 and Transitional Provisions) (England) Order 2007[^f00015] is amended in accordance with this paragraph.

• (2) In paragraph (2)(b), in the inserted definition of “the Parking General Representations and Appeals Regulations”, for “Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007” substitute “Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022”.

• (3) In paragraph (4)—

• (a) in the substituted paragraph (a), for “8(5)” substitute “8(6)”;

• (b) in the substituted paragraph (b), for “11(5)” substitute “11(4)”.

• (4) In paragraph (5), for “4” substitute “5”.

Amendment of the Penalty Charges Enforcement (London) Regulations 2012

3

• (1) The Penalty Charges Enforcement (London) Regulations 2012[^f00016] are amended as follows.

• (2) In regulation 2, in the definition of “the Representations and Appeals Regulations”, for “Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007” substitute “Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022”.

• (3) In regulation 3(2)(c)—

• (a) in sub-paragraph (iv), for “7(4)”, substitute “7(8)”; and

• (b) in the words after that sub-paragraph, for “7(5)”, substitute “7(9)”.

Amendment of the Household Waste (Fixed Penalty and Penalty Charge) Regulations 2015

4

• (1) The Household Waste (Fixed Penalty and Penalty Charge) Regulations 2015[^f00017] are amended as follows.

• (2) In regulation 4, for “Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007” substitute “Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) Regulations 2022”.

• (3) In the Schedule—

• (a) in the heading, for “Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007” substitute “Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) Regulations 2022;

• (b) for paragraph 3 substitute—

(3) Omit regulations 8 to 14.

• (c) omit paragraphs 4 and 5;

• (d) after paragraph 5, insert—

(5A) For regulation 16 substitute— (16) Any amount which is payable under an adjudicator’s decision is, if a county court so orders, recoverable by the person to whom the amount is payable as if it were payable under a county court order. (5B) In regulation 17, in paragraph (1), after “proper officer” insert “(within the meaning of paragraph 1(1) of Schedule 1)”. (5C) In regulation 18(1)— (a) omit “Part 2, 3 or 4, or”; (b) after “appeal”, insert “under regulation 7(1)”.

• (e) in paragraph 6—

• (i) for the heading substitute—

• (ii) in sub-paragraph (1), for “The Schedule” substitute “Schedule 1”.

• (iii) for sub-paragraph (2) substitute—

(2) In paragraph 1(1), at the appropriate places insert the following definitions— - “appeal” means an appeal under regulation 7(1); - “fax” means the making of a facsimile copy of a document by the transmission of electronic signals; - “proper officer” means a member of the administrative staff provided under section 81(4)(a) of the Traffic Management Act 2004 who has been appointed to perform the functions of the proper officer under these Regulations; - “register” means the register required to be kept under regulation 17;

• (iv) in sub-paragraph (3), for “regulation 4(1), 8(4) or 11(4)” substitute “regulation 5(1), 8(5) or 11(3)”;

• (v) after sub-paragraph (3), insert—

(3A) In paragraph 2(2), for paragraph (b) substitute— (b) the name and address of the appellant;

• (vi) for sub-paragraph (4) substitute—

(4) In paragraph 2(4), omit “, 10(2)(a) or 13(2)(a) (as the case may be)”.

• (vii) after sub-paragraph (5), insert—

(5A) Omit paragraph 2(8).

• (viii) in sub-paragraph (6), for “regulation 4(2)(b), 8(4) or 11(4)” substitute “regulation 5(2)(b), 8(5) or 11(3)”;

• (ix) omit sub-paragraph (7).

Amendment of the West Midlands Combined Authority (Functions and Amendment) Order 2017

5

• (1) Article 6 of the West Midlands Combined Authority (Functions and Amendment) Order 2017[^f00018] is amended as follows.

• (2) In paragraph (3), after “Regulations” insert “or the Appeals and Representations Regulations”.

• (3) In paragraph (4), after sub-paragraph (a), insert—

(aza) “the Appeals and Representations Regulations” means the Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022;

Amendment of the West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021

6

• (1) Article 24 of the West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021[^f00019] is amended as follows.

• (2) In paragraph (3), after “Regulations” insert or “the Appeals and Representations Regulations”.

• (3) In paragraph (4), after sub-paragraph (a) insert—

(aza) “the Appeals and Representations Regulations” means the Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022;

Signed

Signed by authority of the Lord Chancellor

James Cartlidge — Parliamentary Under Secretary of State for Justice — Ministry of Justice — 2022-05-23

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations make provision entitling persons—

• (a) who are or may be liable to pay penalty charges in respect of parking contraventions (in and outside Greater London), bus lane contraventions outside Greater London and moving traffic contraventions outside Greater London (“relevant road traffic contraventions”),

• (b) who pay charges to secure the release of vehicles which have been immobilised or removed on account of such contraventions,

to make representations to enforcement authorities regarding their liability for the charges and to appeal to an adjudicator if the representations are not accepted. These Regulations apply only in England.

These Regulations should be read with the Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations (S.I. 2022/71) (“the General Regulations”).

Part 1 makes provision for preliminary matters.

Part 2 makes provision about the information to be included in certain notices served in relation to relevant road traffic contraventions under the General Regulations about a person’s right to make representations or bring an appeal under these Regulations. This Part also makes provision about the making of representations against enforcement notices and the duties of an enforcement authority if they receive such representations. This Part also provides for an appeal to an adjudicator if the enforcement authority does not accept those representations.

Part 3 makes similar provision for the making of representations and appeals in relation to vehicles which have been immobilised in accordance with the General Regulations and in respect of which a person has had to pay a charge to have the vehicle released.

Part 4 makes similar provision for the making of representations and appeals in relation to vehicles which have been removed and stored or disposed of in accordance with the Road Traffic Regulation Act 1984 and regulations made under it.

Part 5 makes provision about the procedure to be followed in connection with an appeal under these Regulations. In addition, it creates an offence of making false or reckless representations under Parts 2, 3 or 4, or otherwise in connection with an appeal under, these Regulations.

Part 6 of these Regulations revokes the Civil Enforcement of Parking Contraventions (England) Regulations 2007 (S.I. 2007/3482) and makes related savings and transitional provisions. This Part also makes various consequential amendments to other existing legislation.

A de minimis impact assessment has been prepared for this instrument and is available on www.legislation.gov.uk.

An Explanatory Memorandum has been published alongside this instrument at www.legislation.gov.uk.

Footnotes

[^f00001]: 1984 c. 27. Section 101B was inserted by paragraph 3(1) of Schedule 11 to the Traffic Management Act 2004 (c. 18), and was amended by S.I. 2007/1756. Section 134(5) was amended by S.I. 2007/1756.

[^f00002]: 2004 c. 18.

[^f00003]: S.I. 2022/71.

[^f00004]: 1988 c. 53. The definition of “hiring agreement” in section 66(8) was amended by the Road Safety Act 2006 (c. 49).

[^f00005]: The Regulations that currently apply in England are the Removal and Disposal of Vehicles Regulations 1986 (S.I. 1986/183).

[^f00006]: Section 101A was inserted by paragraph 3(2) of Schedule 11 to the TMA 2004.

[^f00007]: “The relevant charges” is defined, in the case of a vehicle found in a civil enforcement area for parking contraventions, in section 101A(3) of the RTRA 1984.

[^f00008]: S.I. 1986/183. Regulation 5C was inserted by S.I. 2007/3484, it was amended by S.I. 2021/461.

[^f00009]: S.I. 2007/3482.

[^f00010]: S.I. 2007/3483. The Regulations were revoked, with savings, by the 2022 General Regulations.

[^f00011]: “The relevant charges” is defined, in the case of a vehicle in a civil enforcement area for parking contraventions, in section 101A(3) of the RTRA 1984.

[^f00012]: 1971 c. 80.

[^f00013]: 1978 c. 30.

[^f00014]: S.I. 1991/724. Article 8A was inserted by S.I. 1993/1407, and paragraph (1)(a)(iii) to (v) was inserted by S.I. 2009/577. There are other amendments to Article 8A but none is relevant.

[^f00015]: S.I. 2007/2053, as amended by S.I. 2008/488.

[^f00016]: S.I. 2012/1234.

[^f00017]: S.I. 2015/969.

[^f00018]: S.I. 2017/510.

[^f00019]: S.I. 2021/112.

Editorial notes

[^key-32c115b0ce419771695522f7ba0f30ea]: Reg. 1 in force at 31.5.2022, see reg. 1(2)

[^key-74160a9629719e3478a459e73139a3c1]: Reg. 2 in force at 31.5.2022, see reg. 1(2)

[^key-34cbfade6ab50cee18c15197f0b0563f]: Reg. 3 in force at 31.5.2022, see reg. 1(2)

[^key-cf7020d4d4e8184b44b06eb03783df33]: Reg. 4 in force at 31.5.2022, see reg. 1(2)

[^key-9a0a2f21f2530336e4684f81bbfa2983]: Reg. 5 in force at 31.5.2022, see reg. 1(2)

[^key-8f874ed125034c16258fa3a55e359f0f]: Reg. 6 in force at 31.5.2022, see reg. 1(2)

[^key-0ec602bf2ae3a3ab4b431350af9a3c72]: Reg. 7 in force at 31.5.2022, see reg. 1(2)

[^key-3be84a525e3d48f72ac3ee24964bbb5f]: Reg. 8 in force at 31.5.2022, see reg. 1(2)

[^key-67f1f0fe49b4e444eb634ab6c61208c9]: Reg. 9 in force at 31.5.2022, see reg. 1(2)

[^key-3a067f44243e6d5f265039c21950df7f]: Reg. 10 in force at 31.5.2022, see reg. 1(2)

[^key-99d89214738b87cdf6fbfd6ae40b62eb]: Reg. 11 in force at 31.5.2022, see reg. 1(2)

[^key-52a09636364f3489ac089d2103b596eb]: Reg. 12 in force at 31.5.2022, see reg. 1(2)

[^key-b3a662f4fbd93e97899414bcc7425162]: Reg. 13 in force at 31.5.2022, see reg. 1(2)

[^key-98c71c65ab1753e4b006d3a40e67bfca]: Reg. 14 in force at 31.5.2022, see reg. 1(2)

[^key-66450ea0337b0c52367223c88ace4739]: Reg. 15 in force at 31.5.2022, see reg. 1(2)

[^key-d571ab77752a9f12ceda76e45983e0f1]: Reg. 16 in force at 31.5.2022, see reg. 1(2)

[^key-2a07a5f7bd5d301bcaaf1af82416d12f]: Reg. 17 in force at 31.5.2022, see reg. 1(2)

[^key-7d59d3e9c8aebedf8a3ea9ac7b288b98]: Reg. 18 in force at 31.5.2022, see reg. 1(2)

[^key-28d754830659d6b3a14a1ffa4175cbbb]: Reg. 19 in force at 31.5.2022, see reg. 1(2)

[^key-62510754b551e6191db573f52df22c1e]: Reg. 20 in force at 31.5.2022, see reg. 1(2)

[^key-10271f3e18790f4b62784f6bb7e44f49]: Reg. 21 in force at 31.5.2022, see reg. 1(2)

[^key-b62ed4f22eea71184387b828c9a0172a]: Reg. 22 in force at 31.5.2022, see reg. 1(2)

[^key-184e7baa2719f6de083f771b4760e57a]: Reg. 23 in force at 31.5.2022, see reg. 1(2)

[^key-8a392cb88444ae0b74f07820233aae87]: Reg. 24 in force at 31.5.2022, see reg. 1(2)

[^key-0f2028f85060b19c71d3023f9b1a892f]: Reg. 25 in force at 31.5.2022, see reg. 1(2)

[^key-13f301902da8b7b391c0c72b8f1c16a6]: Sch. 1 para. 1 in force at 31.5.2022, see reg. 1(2)

[^key-da969d4a48fd137cbb5007991330c852]: Sch. 1 para. 2 in force at 31.5.2022, see reg. 1(2)

[^key-6c0a8b89587c14bc167d0a63c6adf9ef]: Sch. 1 para. 3 in force at 31.5.2022, see reg. 1(2)

[^key-9ac20f5d41f5826729abf5aaae18e52d]: Sch. 1 para. 4 in force at 31.5.2022, see reg. 1(2)

[^key-59692c3de6e5b4db57e1636512240170]: Sch. 1 para. 5 in force at 31.5.2022, see reg. 1(2)

[^key-f1aa03792669fd7e48117068898dcb48]: Sch. 1 para. 6 in force at 31.5.2022, see reg. 1(2)

[^key-6fce07a7252cc14d26e89634eafdf98d]: Sch. 1 para. 7 in force at 31.5.2022, see reg. 1(2)

[^key-8f55efaca8584b43bb35c281ee8923fb]: Sch. 1 para. 8 in force at 31.5.2022, see reg. 1(2)

[^key-da50909dda23eb83a61008e6073e9533]: Sch. 1 para. 9 in force at 31.5.2022, see reg. 1(2)

[^key-1792d1cb8cbcd01c22693cb32a6a6b94]: Sch. 1 para. 10 in force at 31.5.2022, see reg. 1(2)

[^key-24799d427f18720ca98fdee44c38b328]: Sch. 1 para. 11 in force at 31.5.2022, see reg. 1(2)

[^key-e1ee7c38b88000c4d1bec45a04d2c19f]: Sch. 1 para. 12 in force at 31.5.2022, see reg. 1(2)

[^key-1ffab5b776c3fe9fa86a6ff50a221231]: Sch. 1 para. 13 in force at 31.5.2022, see reg. 1(2)

[^key-84962c4650a0fd943bc7a61e4cb47dbc]: Sch. 1 para. 14 in force at 31.5.2022, see reg. 1(2)

[^key-629aaca4dede91cee61718640a2cbe5b]: Sch. 1 para. 15 in force at 31.5.2022, see reg. 1(2)

[^key-de3ec18389ae7fe801a512dabc546968]: Sch. 1 para. 16 in force at 31.5.2022, see reg. 1(2)

[^key-98154be958ef6273cd746fe8c2f62d93]: Sch. 1 para. 17 in force at 31.5.2022, see reg. 1(2)

[^key-81cdef3f076b0d9b614c0c99e1fd0546]: Sch. 1 para. 18 in force at 31.5.2022, see reg. 1(2)

[^key-65f3f96749b997e0d2bf3661017b2581]: Sch. 1 para. 19 in force at 31.5.2022, see reg. 1(2)

[^key-7bfdf5477db64980d29388dd76f37211]: Sch. 2 para. 1 in force at 31.5.2022, see reg. 1(2)

[^key-8991115467ec1435963844e232684885]: Sch. 2 para. 2 in force at 31.5.2022, see reg. 1(2)

[^key-1710b71fab6b579927467f1f58661367]: Sch. 2 para. 3 in force at 31.5.2022, see reg. 1(2)

[^key-aec3e654272320a133417c85765f13c8]: Sch. 2 para. 4 in force at 31.5.2022, see reg. 1(2)

[^key-6ae434f4dbf664ae1232f53d3a320f20]: Sch. 2 para. 5 in force at 31.5.2022, see reg. 1(2)

[^key-ffd36d603d89ee6f390c7520d44b301b]: Sch. 2 para. 6 in force at 31.5.2022, see reg. 1(2)

[^key-bdd8297c4f7094142af5059404c5734d]: Regulations applied (with modifications) (31.5.2022) by S.I. 2015/969, reg. 4, Sch (as amended by The Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022 (S.I. 2022/576), reg. 1(2), Sch. 2 para. 4)